Knowlton Bros. v. New York Air Brake Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, New York Air Brake Company and others, from a judgment of the Supreme Court in favor of the plaintiff and certain of ■ the defendants, entered in the office of the clerk of the county of Jefferson on the 28th day of December, 1912, upon the report of a referee defining and determining the water rights of the several parties in and to the Black river at Beebee’s island.
Read the full summary
Appeal by the defendants, New York Air Brake Company and others, from a judgment of the Supreme Court in favor of the plaintiff and certain of ■ the defendants, entered in the office of the clerk of the county of Jefferson on the 28th day of December, 1912, upon the report of a referee defining and determining the water rights of the several parties in and to the Black river at Beebee’s island. Also an appeal by the defendant, New York Air Brake Company, from an order of the Supreme Court, made at the Jefferson Special Term and entered in the office of the clerk of the county of Jefferson .on…
1Opinion of the Court
Foote, J.:
Assuming that when as early as 1824 Cowan extended his dam across the north half of the north channel and abutted it against the north bank on lands which he did not own, it was his intention to divert the waters of the north channel into the south channel for the benefit of water lots or powers on that channel, as the referee has found, still no prescriptive right to so divert the water could- arise until he had continued to maintain this dam and divert the water for twenty years. We must assume on the evidence and findings that this dam was not extended to the north bank earlier…
2Cases cited5 opinions
- Brown v. . BowenNew York Court of Appeals · 1864
- Culver v. . RhodesNew York Court of Appeals · 1882
- Conabeer v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Townsend v. . McDonaldNew York Court of Appeals · 1855
- Warren v. Westbrook Manufacturing Co.Supreme Judicial Court of Maine · 1893
3Cited by6 opinions
- Perkins v. VolpeAppellate Division of the Supreme Court of the State of New York · 1989
- Gralicer v. JohnstoneAppellate Division of the Supreme Court of the State of New York · 1988
- Knowlton Bros. v. New York Air Brake Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Knowlton Bros. v. New York Air Brake Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Knowlton Bros. v. New York Air Brake Co.Appellate Division of the Supreme Court of the State of New York · 1915
1 more not listed; retrieve them via the Exa API.